Indiana  |  DUI Law

Drunken driving laws are complex, change regularly and require the advice of a skilled attorney familiar with defending these types of criminal cases. It sounds like you're asking if you got stopped on suspicion of driving under the influence (DUI) or Operating while Intoxicated as the law reads in Indiana (OVWI; also known as DWI for Driving While Intoxicated) and you tested .05 Blood Alcohol Content (BAC) (again assuming an admissible test, not a portable breath test - PBT) can you be arrested and the answer is yes. You may not be charged with what is commonly referred to as the "per se" violation since you are not .08 BAC or above which is the legal limit in Indiana. But you can be charged with OVWI and should consult a locally licensed attorney in your area for specific advice.